Sanderson v. Bank of America, N. A. et al

Filing 40

STIPULATION AND AGREED ORDER: All proceedings in this case are stayed until and through October 29, 2014. Bank of America's prior Motion to Stay Pending Settlement Proceedings in a Related Action 23 is moot in light of this Agreed Order. Signed by District Judge Todd J. Campbell on 7/25/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE
JEFFREY SANDERSON, Individually and
as a Representative of the Class,

)
)
)
Plaintiff,
) CIVIL ACTION NO.: 3:14-cv-00068
)
vs.
) Magistrate Judge Juliet E. Griffin
)
BANK OF AMERICA, N.A. (individually )
and as successor-in-interest to Countrywide )
Home Loans Servicing LP), and BANK OF )
AMERICA CORPORATION,
)
)
Defendants.
)
STIPULATION AND AGREED ORDER TO STAY
PENDING SETTLEMENT PROCEEDINGS IN A RELATED ACTION

Defendants Bank of America, N.A. (“BANA”) (for itself and as successor by merger to
BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP),
and Bank of America Corporation (“BAC”) (collectively, “Bank of America”) and Plaintiff
Jeffrey Sanderson (all together, “the Parties”) hereby stipulate to the entry of the following
Order, subject to the Court’s approval:
WHEREAS, on February 28, 2014, Bank of America moved for a stay of all proceedings
in this matter for sixty days to allow for the filing and consideration of the motion for
preliminary approval of a settlement, on a nationwide basis, of claims challenging the lenderplacement of hazard insurance on mortgaged properties serviced by Bank of America, in the
lawsuit captioned Hall v. Bank of America, N.A. et al., No. 12-cv-22700, pending before Chief
Judge Moreno of the United States District Court for the Southern District of Florida (“the Hall
Court”);

WHEREAS, on June 18, 2014, the Hall Court issued an Order preliminarily approving
the Hall Settlement, preliminarily certifying the proposed settlement class, and scheduling a final
approval hearing on October 29, 2014 (“the Preliminary Approval Order”);
WHEREAS, Bank of America contends that Plaintiff Jeffrey Sanderson is a member of
the settlement class in Hall;
WHEREAS, the Parties agree that a stay until and through the final approval hearing on
the Hall settlement scheduled for October 29, 2014 will conserve the resources of the Parties and
the Court;
WHEREAS, the Parties’ agreement is without prejudice to Bank of America’s right to
seek to continue the stay past October 29, 2014, if warranted, or to Plaintiff’s right to oppose
such a continuance of the stay;
NOW THEREFORE, upon consent of the Parties hereto, it is hereby ORDERED as
follows:
1. All proceedings in this case are stayed until and through October 29, 2014; and
2. Bank of America’s prior Motion to Stay Pending Settlement Proceedings in a Related
Action (ECF No. 23) is moot in light of this Agreed Order.

IT IS SO ORDERED
Dated: ____________________, 2014

____________________________________
United States District Judge/United States
Magistrate Judge

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/s/ Gregory F. Coleman
Gregory F. Coleman
Greg Coleman Law PC
550 West Main Avenue, Suite 600
Knoxville, Tennessee 37902
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Stephen J. Fearon, Jr. (pro hac vice)
SQUITIERI & FEARON, LLP

32 East 57th Street, 12th Floor
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

/s/ Matthew G. Lindenbaum
David L. Permut (pro hac vice)
Katherine J. Shinners (pro hac vice)
GOODWIN PROCTER LLP
901 New York Avenue NW
Washington, DC 20001
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Matthew G. Lindenbaum (pro hac vice)
GOODWIN PROCTER LLP
Exchange Place
53 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
[e-mail]
H. Frederick Humbracht, Jr. (No. 2993)
1600 Division Street, Suite 700
P.O. Box 340025
Nashville, Tennessee 37203
[phone]
[e-mail]
Attorneys for Defendants

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CERTIFICATE OF SERVICE
I certify that a true and exact copy of the Stipulation and Agreed Order to Stay Pending
Settlement Proceedings in a Related Action was delivered via the Court’s Electronic Case Filing
system, on the 3rd day of July, 2014, to:
Caitlin Duffy
Michelle Quinn
Stephen J. Fearon
Squitieri & Fearon, LLP
32 E 57th Street
12th Floor
New York, NY 10022
Gregory F. Coleman
Greg Coleman Law PC
Bank of America Center
550 W Main Avenue
Suite 600
Knoxville, TN 37902
/s/ Matthew G. Lindenbaum
Matthew G. Lindenbaum

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